REVISION OF OTA RATE CASE FILLED AT CAT MADRAS BENCH DISMISSED

One of the service Association has filed CAT case in Madras Bench in connection with the revision of Overtime Allowance.  

Hon’ble CAT Madras Bench in their judgement dated 9th April 2013 stated that ''prior to 5^th CPC, all Non-Gazetted employees in receipt of monthly basic pay of upto Rs. 2200/- were entitled to OTA for performing duties beyond the designated working hours. The 5^th CPC had recommended abolition of OTA for all categories except the Staff Car Driver, Operational Staff and Industrial employees. But, it recommended that the staff deployed on weekly off days should be given a compensatory leave rather than any cash compensation in the form of OTA or otherwise. However, the said recommendations were not accepted and status-quo was maintained as per the recommendations of the 4^th CPC. It is also seen that the rate of OTA fixed and the ceiling by the Nodal Ministry viz. Department of Personnel and Training, consequent on the recommendation of 4^th CPC have not been revised by the said Ministry. As rightly contended by the respondents, unless the said Nodal Ministry approves the proposal sent by the Department of Posts for revision of OTA rate, they are not in position to revise the OTA rates on its own and it is a policy decision of the Government.  In other words, the Department Posts cannot take an independent decision on the issue raised by the respondents".